-------------------------
Via Workers World News Service
Reprinted from the July 1, 2004
issue of Workers World newspaper
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NOW ANTI-GOVERNMENT ART IS "TERRORISM"!
BUFFALO PROFESSOR FACES FBI CHARGES

By Beverly Hiestand
Buffalo, N.Y.

Steve Kurtz, an associate art professor at the State University of New 
York at Buffalo, called 911 on May 11 for aid for his wife, who later 
died of apparent heart failure. The death of his spouse was only the 
beginning of his nightmare.

Buffalo police made it clear from the beginning that Kurtz was not under 
any suspicion in connection with the death of his wife, who had a 
history of an enlarged heart.

Yet federal agents from the Buffalo Joint Terrorism Task Force raided 
his home later that day.

Kurtz is an artist who uses harmless live organisms found in the 
everyday environment, and laboratory equipment in his performances that 
are political commentary on scientific topics. He has been a member, 
since 1987, of a Buffalo-based Critical Art Ensemble, which uses 
scientific equipment to create art projects that question the 
relationship between commerce, politics and bio technology. The group 
has exhibited this art all over the world. (www.caedefensefund.org)

The day Kurtz's spouse died, federal agents seized from his home 
computers, vials, test tubes, books on biowarfare and bacterial cultures 
that were immediately found to be harmless.

Claire Pentecost, a photographer at the Art Institute of Chicago, says 
that the books on biowarfare carried off by investigators were part of 
the group's latest project, "The Marching Plague," which simulates an 
anthrax attack as part of its critique of government germ warfare 
research. (Nature, June 17)

The equipment that CAE used to test common food products has also been 
confiscated by the FBI, even though laboratory tests have shown that it 
was not used for any illegal purpose, and it is not possible to use this 
equipment for the production or weaponization of dangerous germs.

"These people aren't bio-terrorists. They're artists, making political 
statements" said Paul J. Cambria, attorney for Kurtz. "Steve Kurtz is a 
peaceful man. But after 9/11, our country has been ripe for paranoia 
about terrorism, and our government feeds that paranoia. [Kurtz] 
certainly wouldn't have dialed 911 after his wife's death and invited 
authorities into his home if he had any kind of equipment for terrorism 
in there." (Buffalo News, June 16)

LOCAL CASUALTIES OF WASHINGTON'S 'WAR ON TERROR'

The case has drawn international media attention. "Art becomes the next 
suspect in America's 9/11 paranoia," headlined The Guardian, a major 
British newspaper, on June 11.

This is the second major effort of state repression under the Patriot 
Act here in Buffalo.

The first victims of the "war on terror" were six young Yemeni men from 
the industrial suburb of Lackawanna. They were charged in September 2002 
with having traveled to an Al-Qaeda training camp in the spring of 2001, 
listening to an anti-U.S. speech and receiving small-weapons training 
for a very brief period.

The six were under tremendous pressure from the Bush-Ashcroft 
administration. They faced the threat of being tried for treason, a 
capital crime, and being designated "enemy combatants" with no legal 
rights at all. Reportedly as a result, all six separately pleaded guilty 
to providing material support or resources to Al-Qaeda. In December each 
was sentenced to near-maximum prison terms of from seven to 10 years.

The entire Yemeni community continues to be under state siege. 
Continuous roadblocks are set up around the area and police make 
searches and threats without any cause.

INTERNATIONAL SUPPORT FOR KURTZ

An FBI indictment continues to loom over Kurtz.

His case has attracted international support. On June 15, some 200 
supporters from all over the U.S and from other countries demonstrated 
in downtown Buffalo at Niagara Square while, a couple of blocks away, a 
federal grand jury was investigating Kurtz.

Other demonstrations in defense of Kurtz were held on the same day in 
Vienna, Austria; Amsterdam, the Nether lands; and Berkeley, California. 
Support for Kurtz is also reportedly widespread in the art communities 
of Europe and the United States.

Protestors accused the U.S. Justice Department of trying to turn an edgy 
art exhibit into a terrorist plot.

They charged that Kurtz is being targeted under the USA Patriot Act of 
2001 because his art is critical of the government. The U.S. Attorney's 
office in Buffalo has declined to comment on the case.

The Critical Arts Ensemble support website states that the group 
believes Kurtz's case is being pursued under the Biological Weapons Anti-
Terrorism Act of 1989. The act was amended under the post-9/11 Patriot 
Act to allow the prosecution of "whoever knowingly possesses any 
biological agent, toxin or delivery system."

One of those protesting the FBI's actions was Nato Thompson. He's 
curator of the Massachusetts Museum of Contemporary Art in North Adams, 
where an art exhibit by Kurtz about genetically altered food was 
scheduled to be shown in June.

The exhibit, entitled "Free Range Grain," consisted of a small 
laboratory where patrons could explore the role of genetic engineering 
in food production. "People could bring some food, like a loaf of bread, 
and have it tested there, to find out how organic the bread really was," 
said Katherine Myers, a museum spokesperson. "The artist was using 
science as a way to get people to investigate things, to ask questions."

In the space where the exhibit would have appeared, the museum has 
posted a sign, explaining that Kurtz's work cannot be displayed because 
the FBI seized it. (Buffalo News, June 16)

- END -

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